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HomeMy WebLinkAbout1971/09/07 - ADMIN - Minutes - City Council - Regular Iv: i TJ 'J '? ' .E S CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA September 7 , 1971 CALL TO ORDER A regular meeting of the City Council was called to order by Mayor Howard at 8 : 10 p . m . 2 , INVOCATION Invocation was given by Rabbi Moses Sachs of the B ' nai Abraham Synagogue . i 3 , ROLL CALL �.r The following Councilmen were present at roll call : Frank Fleetham Murray Galinson James Heltzer Robert Reynolds Leonard Thiel Frank Howard Also present were the City Manager , Assistant City Manager , City Attorney , Planning Director , Director of Public Health , City Assessor , Director of Public Works , Director of Parks and Recreation , and Secretary, Councilman Graves arrived at 8 : 25 p . m , and left the meeting at 12 : 35 a . m . 4s MINUTES on Moto on of Councilman Galinson , seconded by Councilman Reynolds , the minutes of the regular and special :msetings held August 30 , 1971 , were approved by a six yea vote . 5' Plj8ljIC HEARINGS ( a ) PROPOSED SPECIAL ASSESSMENT , IMPROVEMENT NOS . 68 - 18 , 70 - 30 , 70 - 37 , 70 - 39 , 70 - 36 , 70 - 38 , 65 ,- 30 , AND 70 - 52 , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 19 , 1971 Mayor Howard opened the hearings . IznPrOvexnent No . 68 - 18 : Richard Sachs , attorney , represented owners Of Pots 14 , 15 , 16 , and 17 on Burd Place . He explained that they have 'Ile Platted lot running through from Burd Place to Virginia Avenue and ti 259 l ....E Council 1Viinutes , September ? , 1971 He said portions of 5 . ( a ) are served by sanitary sewer' on Burd Place .nue and it is doubtful their lots have easements for Virginia gasked that the assessment be if they would ever be divided . H e as the lots are divided . ( Councilman deferred until such tim Graves arrived ) . Councilman Galinson moved to (aelete Lots 14 , 15 , 16 and 17 on s s e s sed later if Burd Place from the assessment and that they beassessed 0 . motion carried ? - subdivided . Councilman Heltzer seconded and t Improvement No . 70 - 30 : Mr . Robert Schwinn , attorney , represented Margaret and Lois Everts , 4333 Meadowbrook Boulevard . He explained the foot that this property owner had connected to sanitary sewer at Assessor of Alabama Avenue and opposed the assessment . The City stated that this property had never been assessed for sanitary sewer . It was moved by Councilman Thiel , seconded by Councilman Reynolds , to take the Everts assessment under advisement and recommendation be brought to Council September 20 , 1971 . The motion carried 7 - 0 . Improvement No . 70 - 37 : Mr . Paul Eddy , 2927 Gettysburg Avenue , said he owns eight lots on 29th and Flag , that sewer connections were put in at 40 ft . intervals , and now he was told that 40 ft , lots in this area are not buildable . Councilman Galinson moved taking under advisement the property of Mr . Eddy . Councilman Graves seconded and the motion carried 7 - 0 . Councilman Galinson then moved to refer this matter to the appropriate commission as to the buildable front footage required . Councilman Reynolds seconded and the motion carried 7 - 0 . Improvement No . 70 - 39 : There being no one present wishing to speak, this hearing was closed . Improvement No . 70 - 36a There being no one present wishing to speak , this hearing was closed . Improvement No . 70 - 38 : There being no one present wishing to speak , this hearing was closed. . Improvement No , 65 - 30 : Tars . Harriet Lerner , 2744 Webster Avenue , spoke in opposition to a double assessment charged against her because she owns a low lot . Mayor Howard and Councilmen Galinson , Thiel , and Reynolds explained that it was their feeling that the double assess - ment applied to vacant property that was made buildable by the storm sewer improvement . Councilman Fleetham said that there are about six to eight homes assessed in this manner . Mr . Rosenfeld , 2748 Xenwood Avenue ; Mr . E . Dybvig , 2754 Xenwood Avenue ; and Mr . 260 Goch Minutes , September 7 , 1971 Herman Lowell , 2742 Xenwood Avenue , were property owners present who had been assessed at a higher rate because t considered to be low lots . ' hey were Mr . R . D. Oman , 2720 Blackstone Avenue , said that he and a neighbor each own a 40 ft * lot in addition to the one they are living on and they were not aware they could be combined for taxur oses . He asked i they were buildable lots . P P Mr . William Baker , 2809 Yosemite Avenue said that his lot is 161 feet wide and 320 feet deep and was agreeable to the formula that would give him an assessment of $ 300 but the assessment is now $420 . He also felt that the project was not properly engineered as to the placement of catch basins and grade relationships . Mr . D. V . Unger , 2641 Xenwood Avenue , said that he has two lots which are separate and has lived there for 33 years . He explained that he would like relief from the assessment for two units and have it combined into a single unit . Councilman Fle etham moved that the low lots be assessed at the normal rate , and that staff bring back recommendation as to whether the two 40 ft . lots could be buildable . Councilman Graves seconded . Councilman Galinson said that he assumed the motion would cover any lots in this area . The motion carried 7 - 0 . Improvement No . 70 - 52 : Mr . Stan Thomas , 3887 Highway 100 , owner of apartment building at 1410 Colorado Avenue , Mr . Gordon Englund , 5630 West 16th Street ; and Mr . Paul Schultz , 6618 West 16th Street , opposed the assessment and felt it should be covering a larger area . There being no one else wishing to speak to the proposed assessments , the Ma"or declared all the hea ings to be closed . RESOLUTION NO. 4330 It was moved by Councilman Galinson , seconded by Councilman lieltzer , to waive reading and adopt Resolution No . 4330 entitled , " R 1 , esolutlon Adopting Assessment Improvement Nos . 68 - 181 70 - 30 , 70 ' 37 , 70 - 399 70 - 36 , 70 - 38 , 65 - 30 ; and 70 - 529 with three years as the tine period for the spread of assessment for Imp . No . 70 - 52 . The motion carried 7 0 . fb ) PR0p ()SE D ORDINANCE PROHIBITING THE SALE OF CERTAIN NONRETURNABLE DISPOSABLE BEVERAGE CONTAINERS , PRGVIDING FOR THE REDEMPTION OF RETURNABLE CONTAINERS , 261 Council Minutes , September 7 , 1971 5 . (b ) PROVIDING FOR INSPECTIONS , AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PR OVIS ,. ONS THERE OF ADDING SECTION 4 : 900 , AS DESCRIBED IN NOTICE OF HEARING PUBLISHED AUGUST 192 1971 Mayor Howard opened the hearing . Mr . Harvey McPhee , Director of Public Health , Kem Anderson , 4201 South Cedar Lake Road , and IViris , Bruce Otto , 2801 Colorado Avenue , preseinted various parts of the committees report to the Council . Mr . Mitchel. Kirshbaum , attorney representing St , Louis Park beverage dealer , read the minority report . Mr . Robert Grodahl , 2570 Webster , employed by Grainbelt Brewery , introduced Dick Sanner , locus Gales manager for Owens - Illinois ; John Geisler , public affairs director for Hamm ; Joseph Howell , district sales manager from Continental Can Company ; and Dave Locey , Environmental Control , American Can Company , who showed a slide presentation and spoke for the industries in opposition to the proposed ordinance , They indicated the only way to control the growing problem of solid waste was to recycle . Mr . Paul Warsett , 8031 West 18th Street , spoke against the proposed ordinance Mr . Warren Phifer , 6010 Highway 7 ; president of the Chamber of Commerce , spoke against the proposed ordinance , presenting Council with a statement of their reasons for this position. Mr . Darrell Thayer , representing MECCA , spoke in favor of the proposed ordinance . a lfr „ john Ross questioned the present methods of recycling Mr . Mitchel Kirshbaum spoke in opposition to the ordinance because of its economic impact and because he felt it did not solve the problem . There being no one else interested in this matter , Mayor Howard declared the hearing closed Councilman Thiel moved to reject the proposed ordinance . The motion was seconded by CovnLilman Meetham and after considerable discussion the motion was defeated , Councilmen Reynolds , Galinson , Heltzer , Graves and Mayor Howard voting nay , and Councilmen Thiel and Fleetham casting yea votes . It was moved by Councilman Heltzer , seconded by Councilman Graves , to waive first reading of ,Proposed ordinance and set date for second a 262 Go onN i nutes , September ? , 1971 f � (b ) reading September 13 , 1971 Councilman Fleetharn moved i the effective date to July 1 , 1973 , The motion to ed to amend Jlack of a second . The motion carried 5 _ amend faded for Fleetham voting nay . 2 ' Councilmen Thiel and b, pETITIONS , REQUESTS , AND COMMUNICATIONS Done 7 , RESOLUTIONS AND ORDINANCES (a ) RESOLUTION INCREASING DESIGNATED MAXIMUM AMOUNT TO � BE KEPT IN DEPOSITORY RESOLUTION NO, 4331 It was moved by Councilman Galinson , seconded by Councilman Thiel to waive reading and adopt Resolution No . 4331 entitled , " Resolution Increasing Designated Maximum Amount to be Kept in Depository. " The motion carried 6 - 0 . ( Councilman Graves was not present ) . (b ) RESOLUTION APPROVING SECURITIES FOR COLLATERAL FROM CITIZENS STATE BANK OF ST . LOUIS PARK , MINNESOTA RESOLUTION NO, 4332 It was moved by Councilman Thiel , seconded by Councilman Galinson , to waive reading and adopt Resolution No . 4332 entitled , " Resolution Approving Securities for Collateral from Citizens State Bank of St . Louis Park , Minnesota . " The motion carried 6 " �• ( Councilman Graves was not present ) . (� ) RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS , IMPROVEMENT NOS . ? 0 ' 42 AND 71 - 13 RESOLUTION NO. 4333 GWas moved by Councilman Thiel , seconded by Councilman alingOns to waive reading and adopt Resolution No . 4333 entitled , of solution Declaring Cost to be Assessed and Ordering Preparation proposed Assessment Improvement Nos . 70 - 42 and 71 - 13 . " The m0t1On carried 6 _ 0 . ( Councilman Graves was not present ) . Id ) RESOLUTION CALLING PUBLIC HEARING ON PROPOSED SPECIAL SSSSMENT IMPROVEMENT NOS , 70 - 42 AND 71 - 13 1 263 �"'r Council Minutes , September 71 1971 7 . (d ) RESOLUTION NO, 4334 It was moved by Councilman Thiel , seconded by Co 4 an Heltze r , to wai34 ve reading and adopt Resolution No , 3 entitled , " Resolution Calling Public Hearing on Proposed Special Assessment Improvement Nos . 70 - 42 and 71 - 13 . " The motion carried 6 - 0 . ( Councilman Graves was not present ) . ( e ) RESOLUTION AUTHORIZING PLACEMENT OF STOP SIGNS FOR TRAFFIC CONTROL AT INTERSECTION OF 29TH STREET AND WEBSTER AVENUE (AUTHORIZED BY COUNCIL AUGUST 16 , 1971 ) RESOLUTION NOL 4335 It was moved by Councilman Thiel , seconded by Councilman Fleetham , to waive reading and adopt Resolution No . 4335 entitled , " Resolution Authorizing Placement of Stop Signs for Traffic Control at Intersection of 29th Street and Webster Avenue , " The motion carried 6 - 0 . ( Councilman Graves was -. not present ) , 8 . REPORTS OF OFFICERS , BOARDS , AN J COMMITTEES ( a ) MINUTES OF SPECIAL MEETING OF THE PARKS AND RECREATION ADVISORY COMMISSION HELD SEPTEMBER 1 , 1971 Mr . Ken Vr3a , Supervisor of the Swimming Pool / Ice Arena , was present explaining the proposed rate structure and schedule . Councilman Reynolds moved to approve the proposed rates , $ 25 for St . Louis Park schools , $ 30 for Benilde , and $ 35 for all others . Councilman Galinson seconded and the motion carried 6 - 0 . ( Councilman Graves was not present ) . V� Upon hearing no further discuss -.on , the minutes were ordered by the Mayor to be received for filing 9 . UNFINISHED BUSINESS ( a ) REQUEST OF EXTENSION OF AIR POLLUTION COMPLIANCE ' DEADLINE • - 1971 ) COSOM CORPORATION ( DEFERRED FROM AUGUST 161 It was moved by Councilman Galinson , seconded by Councilman Reynolds , to extend the deadline date to October 1 , 1971 . The motion carried 6 - 00 ( Councilman Graves was not present ) . (b ) ENVIRONMENTAL COMMITTEE • v. 264 Council Minutes , September 7 , 1971 90 (b ) Councilman Heltzer requested recom of an Environmental Co mendation about the format rxnation tions of the " Ban - the - Can " stte e this was one of the recomm Committee . enda - (c ) TAX RELIEF FOR ELDERLY Councilman Reynolds moved o have staff invest • of deferring assessments of I, eop le on lgate possibility pens St . Louis Park five to seven years , ions who have lived in rn, an Council and the motion carried 6 _ 0 . Heltzer seconded ( Councilman Graves was not present ) . (d ) COUNCILMAN REYNOLDS ' RESIGNA TION Councilman Reynolds announced he plans to resi n f City Council . g rom the (e ) DEAD BOLT LOCKS Councilman Galinson requested a report from staff relative to requiring dead bolt locks on all apartment buildings , with the report to be brought to Council in three weeks . 10, NEW BUSINESS (a ) BUDGET MEETING Meeting on the proposed budget for 1972 was set for September 18 , 1971 at 9 #030 a . m . 11 , MISCELLANEOUS None 12CI APPR OPRIA TI ONS A PVD CONTRACT PAYMENTS YMENTS (a ) VERIFIED CL.AJMS On motion of Councilman Galinson , seconded by Councilman Fleetham , the lists of verified claims prepared by the Director of Finance and Presented to the Council dated September 7 , 1971 in the total amounts of $ 13 , 267 . 15 for payroll , and $ 145,707 , 70 for vendors Were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks covering same by a Slx yea votes ( Councilman Graves was not present ) . (bj CONTACT PAYMENTS 10 Final PaYrnent , Improvement No . 70 - 50 , Aquila Park •W 265 12 , (b ) 1 . Athletic Field Ligh Ong Contractor , Lehn Electric Company . Amount , $ 10 , 515 . 0 RESOLUTION NO . 4336 It was moved by Councilman Galinson , seconded b 3Councilman Thiel , to waive reading and adopt Resolution No . 4336 entitled , " Resolution Accepting Work on Athletic Field Lighting , Aquila Park Improvement No . 70 - 50 . " The motion carried 6 - 0 . ( Councilman Graves was not present ) , 2 . Final Payment , Improvement No . 70 - 24 , Grading , Base , Concrete Curb and Gutter , Bituminous Surfacing , Contractor , Floyd Roberg Trucking Company . Amount , $ 6 , 473 . 50 . RESOLUTION NO. 4337 It was moved by Councilman Galinson , seconded by Councilman Thiel , to waive reading and adopt Resolution No . 4337 entitled " Resolution Accepting Work on Grading , Base , Concrete Curb and Gutter , Bituminous Surfacing Improvement No . 70 - 24 . " The motion carried 6 - 0 ( Councilman Graves was not present ) . 3 . Partial Payment No . 8 , Plant Mix Asphalt Paving , Concrete Curb and Gutter , Sidewalk Repair , Imp . Nos . 65 - 71B , 60 - 171 70 - 011 70 - 12 , 70 - 22 , 70 - 271 70 - 31 , and 70 - 45 . Contractor , Dycon Corporation . Amount , $ 82 , 353 , 24 , 4 . Partial Payment No . 3 , Concrete Alley Paving , Imp , Nos . 60 - 96 , 68 - 57 , 69 - 38 , 69 - 39 , 70 - 04 , 70 - 14 , 70 - 15 , 70 - 16 , 70 - 173 70 - 18 , 70 - 23 , 70 - 42 , 70 - 43 , 70 - 44 , 70 - 471 70 - 51 , and 71 - 13 . Contractor , Progressive Contractors , Inc . Amount , $ 52 , 982 . 56 . 5 . Partial Payment No . 2 , Grading , Base , Concrete Curb and Gutter , and Bituminous Surfacing , Imp . No . 71 - 01 . Contractor , HJA Construction Co . Amount , $ 141 , 618 , 65 . 6 . Partial Payment No . 2 , Grading , Base , Concrete Curb and Gutter , and Bituminous Surfacing , Imp . No . 71 - 02 , Contractor , Minn - Kota Excavating , Inc , Amount , $ 154 , 585 , 89 , 7 . Partial Payment No . 31 Paving , Curb and Gutter , Sidewalk Repair and Misc . Utili C . S . McCrossanties , Imp . No , 71 - 05 . Contractor , , Inc . Amount , $ 112 , 692 . 96 . 8 . Partial Payment No . 2 , Grading , Base , Concrete Curb and Gutter and Bituminous Surfacing , Imp , Nos . 68 - 12 and 70 - 08 . I� 266 Council Minutes , September 7 , 1971 1 � (b ) 8 , Contractor , C . S . McCrossan , Inc . A nount , $ 56 , 117 . 90 . 9 , Partial Payment No , 30 Grading , Base , Concrete Curb and Gutter and Bituminous Surfacing , Irrmp . No . 71 - HJA Construction Co . Amount 04 • Contractor , , $ 70 , 567 . 98 , 10 . Partial Payment No . 1 , St -4eet and Bridge Construction , Im No . 62 - 27 . Contractor , Foley Bros . , Inc . and Osterp Pederson , Inc . Amount $ 57 , 450 . 60 & . . On motion of Councilman Galinson , seconded by Councilman y Thiel , the above payments on contract work presented by the City y. ngineer were approved , and the City Manager , City Clerk , and City Treasurer were authorized to issue checks for their respective amounts by a six yea vote . 13 . ADJOURNMENT On motion of Councilman Galinson, seconded by Councilman Fleetham , the meeting was adjourned at 1 : 35 a . m . by a six yea vote . 4 .0 'km Ai Prank J . H Mayor Attest : Alice M. Carlson , Secretary l 267 I